Rashard A. Evans v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RASHARD A. EVANS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D14-4694 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed January 30, 2015. Petition for Writ of Mandamus -- Original Jurisdiction. Rashard A. Evans, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. In light of the circuit court’s recent issuance of an order directing the state attorney to file a further response to petitioner’s pending motion for postconviction relief, the petition for writ of mandamus is denied on the authority of Munn v. Florida Parole Commission, 807 So. 2d 733 (Fla. 1st DCA 2002). We nonetheless urge the lower tribunal to exercise appropriate diligence in ensuring that petitioner’s pending motion is disposed of as soon as circumstances permit. PADOVANO, CLARK, and MARSTILLER, JJ., CONCUR. 2